AI Overview...
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Necessity of CCTV Footage Seizure - CCTV footage stored in DVR or similar devices is considered primary electronic evidence. When properly seized and documented, it does not require a separate certificate under Section 65B of the Evidence Act, 1872, to be admissible. The footage can be extracted and presented as evidence if seized correctly State of M. P. VS Irfan Mevati - Madhya Pradesh, MD. ABBAS vs THE STATE OF WEST BENGAL - Calcutta.
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Seizure Procedure - CCTV footage from DVRs or pen drives was seized following proper procedures, including seizure lists and expert handling. The footage was often downloaded onto pen drives and produced in court, with some cases emphasizing the importance of primary evidence (DVR itself) over secondary copies State of M. P. VS Irfan Mevati - Madhya Pradesh, MD. ABBAS vs THE STATE OF WEST BENGAL - Calcutta.
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Legal Requirements - The law recognizes CCTV footage as electronic evidence, requiring proper seizure and compliance with the Evidence Act, especially Section 65B. Failure to produce the primary source (DVR or original recording device) can weaken the evidence's credibility MD. ABBAS vs THE STATE OF WEST BENGAL - Calcutta, State of Maharashtra VS Sagar Vishwanath Borkar - Bombay.
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Role in Cases - CCTV footage serves as crucial circumstantial evidence in POCSO and other criminal cases, such as establishing the last seen theory or verifying victim and accused movements. Its significance is acknowledged when properly seized and linked to the case facts Anil Surendra Singh Yadav VS State of Gujarat - Gujarat, Dashwanth VS State rep. by The Inspector of Police, Chennai - Madras.
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Limitations and Challenges - If the primary evidence (original DVR or hard disk) is not produced, or if proper seizure procedures are not followed, the admissibility and weight of CCTV footage are compromised. Courts have noted instances where the absence of primary evidence led to doubts about the footage's authenticity State of Maharashtra VS Sagar Vishwanath Borkar - Bombay, Dashwanth VS State of Tamil Nadu - Supreme Court.
Analysis and Conclusion:
CCTV footage seized by police during investigations in POCSO and other cases is considered necessary and valuable evidence when properly collected and preserved. The primary requirement is that the original device or recording must be seized and produced in court to establish authenticity and admissibility. Proper seizure procedures, including documentation and adherence to legal standards (Section 65B of the Evidence Act), are essential. When these conditions are met, CCTV footage significantly aids in establishing facts, such as victim and accused movements or last seen evidence, thereby strengthening the prosecution's case.
References:
- State of M. P. VS Irfan Mevati - Madhya Pradesh, State of Telangana rep. by the Public Prosecutor VS Syed Dasthagir - Andhra Pradesh, MD. ABBAS vs THE STATE OF WEST BENGAL - Calcutta, Anil Surendra Singh Yadav VS State of Gujarat - Gujarat, Dashwanth VS State rep. by the Inspector of Police - Crimes, State of Maharashtra VS Sagar Vishwanath Borkar - Bombay, Deepak @ Nanhu Kirar VS State Of M. P. - Madhya Pradesh, Anil Surendrasingh Yadav VS State of Gujarat - Crimes, Dashwanth VS State of Tamil Nadu - Supreme Court, Dashwanth VS State rep. by The Inspector of Police, Chennai - Madras
Search Results for "Is it Necessary Cctv Footage Seized by Inspector in Pocso Cases y"
2021 0 Supreme(MP) 515 • India - Madhya Pradesh
VIVEK RUSIA, SHAILENDRA SHUKLA
containing electronic evidence -- no need to prepare certificate -- certificate necessary only when proving electronic record through ... [Para 31 (7) Evidence Act, 1872 -- S. 65B -- electronic record -- footage contained in DVR -- DVR primary source ... -- seizure -- witness did not observe number of rooms and positioning of staircases or colour of almirah fromwhere clothes were seized ... The aforesaid CCTV footage which has been downloaded in pen-drive also was shown to him and the photo-print of #HL....
2017 0 Supreme(AP) 55 • India - Andhra Pradesh
SURESH KUMAR KAIT, U.DURGA PRASAD RAO
Sexual Offences Act, 2012, Section 6 – Penal Code, 1860 – 201 – Appeal against Acquittal – Suspicious circumstances – Custody of the seized ... Protection of Children from Sexual Offences Act, 2012, Sections 363, 376, 377, 302 – Protection of Children ... While so, on 21.08.2015 at 08:00 hours, the Inspector of Police apprehended the accused, and on his confessional statement, seized blue colour shirt from the house of the accused and pant wearing by him at the time of committing crime. ... No. 112 of 2....
2025 Supreme(Online)(Cal) 2559 • India - Calcutta High Court
(A) Indian Penal Code - Sections 302, 363, and 366 - Protection of Children From Sexual Offences Act - Section 6 - Criminal conviction ... The CCTV footages were seized from the DVR and extracted to newly purchased pen drives brought by PW 4, the expert, in presence of the I/O. The I/O seized the footage under proper seizure list and PW 4 handed over the relevant items mentioned in the seizure list to the I/O. ... Thus, since the DVR itself was produced, no other formality of proof wa....
2019 0 Supreme(Guj) 1092 • India - Gujarat
BELA M.TRIVEDI, A.C.RAO
Protection of Children from Sexual Offences Act, 2012 - Sections 3(a), 4, 5(a), 5(r) and 6- Indian Penal ... seized from the said place for examination as recorded in the preliminary report (Exh.75). ... Footage of the date 15.10.2018 to the PSI, Limbayat Police Station, along with the certificate Exh.88. ... He had stated that from the CCTV footage it was found that the victim had not gone out of the gate of their society on 14.10.2018. He had subsequently come to know that the dead body of the....
• India - Crimes
S.VIMALA, S.RAMATHILAGAM
footage is not fatal—Prosecution has proved case against accused beyond all reasonable doubts—Aggravating circumstances outweighing ... offence stands established—Once prosecution proves last seen theory, onus shifts on accused to counter blast said proofby adducing necessary ... (A) Protection of Children from Sexual Offences Act, 2012—Sections 8/7/6/5—Indian Penal Code, 1860—Sections 363, 366, 354-B, 302 ... In the case on hand, it is evident from the material documents that subsequent to P.W.1 informing about the CCTV....
2021 0 Supreme(Bom) 331 • India - Bombay
V.M.DESHPANDE, AMIT B.BORKAR
Protection of Children from Sexual Offences Act, 2012 - Section 6- Indian Penal Code, 1860 - Sections 363 ... Since the prosecution has failed to bring on record the primary evidence in relation to CCTV footage in the form of hard disc of the said CCTV footage wherein the footage was stored, it was necessary for the prosecution to satisfy the ingredients of Sub-Section (4) of Section 65B of the Evidence Act. ... It is necessary to note that the Hon’b....
2020 0 Supreme(MP) 95 • India - Madhya Pradesh
SUJOY PAUL, MOHD FAHIM ANWAR
The prosecution's case was based on circumstantial evidence, including CCTV footage, DNA evidence, and the appellant's confession ... The CCTV footage showed the appellant leading the victim away from her home, and the DNA evidence linked the appellant to the crime ... The CCTV footage showed the appellant leading the victim away from her home, and the DNA evidence linked the appellant to the crime ... A request through Ex.P/36 and Ex.P/37 was made to said persons for providing #HL_STA....
• India - Crimes
BELA M.TRIVEDI, A.C.RAO
(A) Protection of Children from Sexual Offences Act, 2012—Sections 3(a), 4, 5(a), 5(r) and 6—Indian Penal ... seized from the said place for examination as recorded in the preliminary report (Exh.75). ... Footage of the date 15.10.2018 to the PSI, Limbayat Police Station, along with the certificate Exh.88. ... He had stated that from the CCTV footage it was found that the victim had not gone out of the gate of their society on 14.10.2018. He had subsequently come to know that the dead body of th....
2025 0 Supreme(SC) 1786 • India - Supreme Court
VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
(A) Indian Penal Code, 1860 - Sections 302, 363, 366, 354-B, 201 - Protection of Children from Sexual Offences Act, 2012 - Sections ... opportunity to defend - Court emphasized that the constitutional right to a fair trial must be upheld, particularly in capital punishment cases ... Hence, the primary evidence of the so-called CCTV footage is not available on record. In addition thereto, we find that the theory of incriminating CCTV footage also seems to be a fictional creation by the ....
2018 0 Supreme(Mad) 1741 • India - Madras
S.VIMALA, S.RAMATHILAGAM
Indian Penal Code,1860 - Sections 363, 366, 354-B, 302 and 201 – Protection of Children from Sexual Offences ... In the case on hand, it is evident from the material documents that subsequent to P.W.1 informing about the CCTV footage, the investigating team had viewed the CCTV footage. ... In such a backdrop, the CCTV footage assumes significance. It is stated in the evidence of Investigating officer that they had been repeatedly looking into the CCTV#HL_END....
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